Lee v. State

Jordan, Judge.

1. Special grounds 1 and 2 are based on the contention that the prosecuting witness was incompetent under Code § 38-1607 and that she failed to understand the meaning of the oath administered to her upon the trial of the case. The record shows that the court, upon objection to her competency, examined the witness and found her competent to testify. Though there was evidence that the witness was “somewhat retarded,” yet in response to questions by the court the witness testified that she went through the 8th grade in school, attended church and Sunday school, knew that it was…